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Formula Working Group Minutes, April 2016

The Federal Motor Carrier Safety Administration’s (FMCSA) Motor Carrier Safety Assistance Program (MCSAP) Formula Working Group Meeting held its kick-off meeting on April 1, 2016, in St. Louis, MO. Thomas Liberatore, FMCSA Chief, State Programs Division and Designated Federal Officer (DFO), called the meeting to order at 8:30 am.

The following individuals attended the meeting:

MCSAP FORMULA WORKING GROUP MEMBERS*

Nancy Baugher, FMCSA

Lt. Donald Bridge, Jr., Connecticut Department of Motor Vehicles

Caitlin Cullitan, FMCSA

Lt. Thomas Fitzgerald, Massachusetts State Police

Thomas Liberatore, Chief, State Programs Division and DFO, FMCSA

Michelle N. Lopez, Colorado State Patrol

Alan R. Martin, Ohio Public Utilities Commission

Dan Meyer, FMCSA

Lt. Stephen Brent Moore, Georgia Department of Public Safety Stephen C. Owings, Road Safe America

Capt. Brian Preston, Arizona Department of Public Safety

John E. Smoot, Kentucky State Police

Courtney Stevenson, FMCSA

Col. Leroy Taylor, South Carolina Department of Public Safety

*Adrienne Gildea, Commercial Vehicle Safety Alliance, was not in attendance for the meeting.

FMCSA AND OTHER GOVERNMENTAL REPRESENTATIVES

Karen Brooks, FMCSA

Michael Chang, USDOT, Volpe Center

Anne Collins, Associate Administrator, Field Operations, FMCSA

Tom Keane, Director, Office of Safety Programs, FMCSA

Jack Kostelnik, State Programs, FMCSA

Dana Larkin, USDOT, Volpe Center

Paul Melander, FMCSA

Julie Otto, FMCSA

Crystal Polk, FMCSA

Brandon Poarch, FMCSA

Julianne Schwarzer, USDOT, Volpe Center

Jacob York, FMCSA

OTHER ATTENDEES

David Leddy, Kentucky State Police

Mirna Gustave, DIGITALiBiz

  1. Welcome and Introductions

Tom Liberatore welcomed MCSAP Working Group members and discussed the goals and objectives for the day. Tom Keane provided opening remarks, which included requesting that Working Group members think beyond their individual jurisdictions and come up with factors that are the best factors for commercial motor vehicle (CMV) safety.

Working Group members shared their thoughts on what they would like to see in a formula. Themes from this discussion included ensuring the formula is flexible and responsive; simple, but comprehensive; fair, balanced and equitable year-to-year, results driven, and promotes technology enhancements. Others indicated the formula should focus on truck drivers and the maintenance of trucks, and that the Vehicle Miles Traveled (VMT) factor should be reviewed. This icebreaker discussion formed the basis for additional discussions during the day.

  1. Fixing America’s Surface Transportation (FAST) Act and the MCSAP Formula – Overview Information

Presentations

Working Group members were provided with an overview of the current MCSAP Formula/FAST Act Requirements. The presentation included a review of the major changes starting in Fiscal Year (FY) 2017. These changes include: (1) the consolidation of the Border Enforcement Grant (BEG) and the New Entrant (NE) Grant into one formula grant; (2) establishment of the MCSAP Formula Working Group; and (3) the requirement to recommend a new formula within one-year.

An overview was also provided on how the program factors and weighting will/can work to create a new formula. The presentation provided information that will allow members to think about what comprises a good MCSAP formula and how to design a formula.

  1. Working Session

Discussion

Working Group members discussed high-level program components and potential formula components. Summary discussion points are provided below.

  • The formula needs to be predictable, flexible, and adaptable. Additional points relating to this discussion included:

o   The Commercial Vehicle Safety Plan (CVSP) is where you would have flexibility and could be achieved through the Notice of Funding Availability (NOFA).

o   A special consideration factor on top of the base formula may allow for flexibility;

o   The formula could have two parts: one that’s focused on providing a steady base, and another that’s focused on adjusting for recent changes/trends.

  • The formula needs to provide stability. The majority of the MCSAP budgets goes to salaries. Some felt the formula should recognize cost differentials between regions.

Most of the funding is spent on conducting inspections and traffic enforcement and very little is left for discretion.

  • There were varying opinions on the need to have an incentive formula. Some expressed that the High Priority Grant is where special projects or additional flexibility can be achieved. Others felt strongly that an incentive formula should only be tied to good performance.
  • Efficiency, effectiveness, and innovation need to be rewarded. The overriding question is, “How can States/MCSAP be more efficient with the funds they receive? The importance of rewarding technological innovation was also emphasized.
  • VMT data is not proactive and there are other data sources that should be explored.
  • The discussion needs to shift to exposure, e.g., population, road miles, VMT. If you are truly running a risk-based program, exposure needs to be looked at.
  • A profile needs to be developed for each State. This profile should include information relating to drivers, vehicles, and carriers. Data sources and data sets, such as the National Registry of Certified Medical Examiners, Commercial Driver’s License (CDL), need to be explored and the confidence level associated with each needs to be identified.
  • The focus needs to be on achieving the greatest impact on CMV safety.

o   Focus on reducing CMV crashes versus CMV fatal crashes.

o   Focus on getting bad CMV drivers off the road.

o   Focus on maintaining trucks.

o   Focus on efficiencies within the program and programs with proven success.

  1. Next Steps/Moving Forward

Today’s discussion was very broad. In order to meet our timeline, the discussions will narrow in the future. The Working Group will meet approximately once a month. The next in-person Working Group meeting was tentatively scheduled for June 1-2, 2016 at the USDOT Volpe Center in Cambridge, MA. Virtual meetings will also be established. Some Working Group members may meet informally during the Commercial Vehicle Safety Alliance (CVSA) meeting in Chicago at the end of April.

ACTION ITEMS

  1. Provide definitions for the data sources and information on how the data is derived.
  2. Provide information relating to why the “rejected” factors were rejected. Information will be provided from the Notice of Proposed Rulemaking (NPRM).
  3. Provide presentations delivered during the meeting.
  4. Develop additional analysis for future meeting.

PRESENTATIONS

Presenter Presentation

  1. Presenter: Thomas Liberatore, DFO, FMCSA

Presentation: Fixing America’s Surface Transportation (FAST) Act Formula Working Group

  1. Presenter: Michael Chang, USDOT Volpe Center

Presentation: High-Level Program Factors and Potential Formula Components

Potential Factors handout

ADJOURNMENT: The meeting was adjourned at 3:30 pm.

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